lalnunsanga (Head) 12 February 2014
In general practice for civil matters, twelve years is applicable for limitation in land disputes. But a land owners knows only after twenty five years his land was sold without his knowledge, he paid taxes regularly earlier. He wants to submit a petition, but his lawyer told him limitation may bar it. In my opinion, limitation will start only from when the land owners knows his land was sold. Is it correct ? Could you please suggest a case laws ralating to it.
basavaraj shiromani (Advocate) 13 February 2014
Article 58 of the limitation act says , when the right to sue first accures for the first time to file a suit is important. and that burden upon you to prove that your case is well within the time from the date of knowledge, therefore in your case, the land was sold long back and the possession of the sold land is another important factor. If the possession of the sold land is in your possession, then it is easy for you that your case is well within the time. but if the possession of the sold land is in possession of the purchaser it is very difficult to prove that your case is well within the time. please read art 58 and 113 of the Limitation Act.
T. Kalaiselvan, Advocate (Advocate) 14 February 2014
Advocate Mr. Basavaraj has properly opined and suggested on the subject issue, I endorse his views.
Srinivas (Director) 15 February 2014
Possession of vacant land is based on title. If someone sold the land on basis of fraud, you will need
to plead fraud, file for declaration and ask relief for cancellation of fradulent sale deed.
If the land is still vacant, I would suggest you go and put a small shed and let it out to a tenant. Dont worry
about permissions from municpality and such. Claim that you are in physical possession.
Good luck
lalnunsanga (Head) 07 March 2014
Thanks for those suggestions.....definitely it would be effective...
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